Allahabad High Court
Netrapal @ Netrapal Singh vs State Of U.P. U.P. And Another on 12 September, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- APPLICATION U/S 482 No. - 28357 of 2022 Applicant :- Netrapal @ Netrapal Singh Opposite Party :- State Of U.P. U.P. And Another Counsel for Applicant :- Vatsala,Ravi Kant Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Ms. Vatsala, learned counsel for applicant, Mr. Ashutosh Dwivedi, Advocate holding brief of Mr. Baleshwar Chaturvedi, learned counsel for opposite party no.3 and Mr. Amit Singh Chauhan, learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 29.11.2018, cognizance order dated 01.06.2019 as well as summoning order dated 24.07.2019 passed by learned Additional District and Session Judge/Special Court (Electricity), Court No.1, Hathras and the entire proceeding of Case No.1518 of 2019 (State Vs. Netrapal), arising out of Case Crime No.721 of 2018, under section 135 of Electricity Act, 2003, Police Station-Sadabad Kotwali, District-Hathras, pending before Court of learned Additional District and Session Judge/Special Court (Electricity), Court No.1, Hathras.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. She further submits that present first information report lodged by opposite party no.2 with false and frivolous allegations, detailing about the fact that the applicant was running a flour mill using illegal connection, thus committing theft of electricity. She further submits that F.I.R. has been lodged after 24 hours of inspection, which is not in accordance with the provision as mandated in Electricity Act. The site plan also does not show the place where the applicant was running a flour mill by using illegal connection. The entire prosecution story as unfolded in the first information report is absolutely a self-made story and there is no evidence on record to prove the aforesaid facts, therefore, the impugned summoning order is illegal.
It is submitted by learned counsel for the applicant that since offence in question is compoundable and the applicant is ready to settle the matter, some time may be granted to him for the said purpose to approach the authority concerned under Section 152 of the Electricity Act.
Learned counsel for the opposite party no.3 and learned A.G.A. submit that they have no objection if the offence is compounded under Section 152 of the Electricity Act.
Having regard to the facts and circumstances of case and having considered the submissions made by learned counsel for parties and keeping in view the willingness shown by learned counsel for applicant, in my view, no useful purpose would be served by keeping this application pending. Hence, applicant is directed to move an application under the relevant provisions of Electricity Act before the concerned authority within two weeks from today. If such application along with certified copy of this order is moved by applicant, same shall be considered and decided expeditiously, preferably within a period of two months from the date of production of same in accordance with law after hearing the parties concerned.
For a period of two months or till the disposal of said application, whichever is earlier, no coercive action shall be taken against applicant in the aforesaid case.
In case of default on the part of applicant, interim protection granted to applicant shall automatically come to an end.
With the aforesaid observations, this application stands finally disposed of.
Order Date :- 12.9.2022 Rahul.